Andhra Pradesh High Court - Amravati
Kartika Chhatria, vs State Of Andhra Pradesh on 28 February, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! WEDNESDAY, THE TWENTY EIGHTH BAY OF FEBRUARY, TWO THOUSAND AND TWENTY FOUR (PRESENT: THE HONQURABLE SRI JUSTICE T MALLIKARJUNA RAG CRIMINAL PETITION NO: 749 OF 2024 Sehveen: artika Chhatria, Se Sunday Chhatria, aged about 24 years, RYo Tusara DOnanghara, Near PS Turura, Balangir District, Ocisha State. | ...PatitionerfAS AND State of Andhra Pradesh, represented by ifs Public Prosecutor, High Court of Andhra Pradesh af Armaravathi RespondentiConpisinant
Pattion under Section 437 & 439 of Cr. P.C, praying that In the ciroumstances stated in the memorandum of grounds fded In suppart of the Criminal Petition, the High Court may be pleased to consider the same and release the PelitioneyA-5 on bad in Or No. 322/2023 of GRP Staton, Visaxhapainam District. The petition coming on for hearing, upon perusing the Petition and the meme of grounds fled In support thereof sad upon rearing ihe arguinents of Sri Gotlapalli Maheswara Rao, Advocate for the Petitioner and of Assistant Public Prasecutor for the Respondent the Court made the fallowing TAUAREARA EIN THE HIGH COURT OF ANOHRA PRADESH 2 AMARAVATI TY EIGHT DAY OF FERRUARY NEDNESDAY THE TWEN TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE T.MALLTRARIUNA RAO Criminal Petition No Fis of 2034 Behween -
RARTIEKA CHNATRIA Seah tl xe?
Pantioners:
And The State of Andhra Praciesh The Court made the following :
ORGER :
Cr PC, hes bean fled by Re ween et . Ne N weyae alae wii te SU Sins fe "D5 Ae = the petitioner/A.5, seeking regular ball in Crime No 322 of 2023 of GRP Vijayawada, Nahe z. % 2 XY bass iy : : inst the petitionersA.S herein arid fed others for the offence punishable under Section 2Okbyic} read with Sfc} of the Narcotic Brus and Psychotropic Substances Act, 1985 Gor short 'the NDS Act's. >
3. The case of the prosecution is as follows:
Gn 09.09.2023, on receipt of cradidie information about diecal transportation of gaia in the train proceeding travards Vieyawada, RPSY OF Gavernment Railway Police Station: conducted checking at plat form No.8 South end near parcel office along With staff and found the accused who tried to escape by looking thepolice. Among them, "\ Att nan ea gegere . ke . a wen g . .
4" person escaped. On interrogation, Al, A and te child-in-conflictewith-law disclosed their address particulars and based In their confessional slatemerit, 24.7 kgs of gania was seized from them. On 68.12.2023 me absconded accused was aporehended at Tusara Dhanghara, Balangir UNstrict, Odisha state. Hence, the crime. 4 Learned counsel for the petitioner contends that the petitioner/A.S has been in judicial custody since 09.12.2023. Except the confessional statement of ccraccused, no other material has been collected and the petitioner has got permanent abode and there is no possibility of him fleeing away from the jurisdiction of the court.
5. Learned Assistant Public Prosecutor has not disputed the said factual position.
&. Heard both sides, Perusecl the record.
- Since most of fhe witnesses shown are official witnesses, the release of the petitioner would not cause hampering of investigation or threatening the witnesses.
8. Cansidering the submission made above that no other independent material has heen collected except the confessional statement of co-accused showing Ue invelvement of the petitioner, this Court is Inclined to grant bail to the petitioner, fALS, on the follewing conditions:
i. The petitemer/A.S shall be released an ball on his executing a personal bond for Rs.20,000/- (Rupees twenty thousand anly) with two (32) sureties for a fike sum each to the satisfection of the learned Vi Metrapafitan Magistrate, Railways, Visakhapatnam; H. On release, the petitioner/A.5 Officer, concerned, once in a week La, an every a7, to O1L.00 om. for 8 period i, 'Fe petitiener shall not dh witnesses ursier any ci CONSITUEG as an attempt of clear that the and prosecution cancellation of the ball.
Accordingly, the Criminal Pe v. .
Fa, al Judge for Trial Hy end LFY OL Am toh One spare copy mses PVE LM So den MA Bios en sneeivr ak be WA fre HPyeShgad i shall co-opera BRON Arar AE BE RA ove SLA ma arty of the above conditions w above conditions and breac iti) is :
Pending miscellanescus anplcations, | Sessions Judg } of Offences unde The Sfatian Hause Officer, One OC ta Sr Gollanalli Maheswara Rao, Advocate Two CCs to Publis Prosecutor (AP) | appear before the N x q unday belween 10d B CUMEIEALES and ary such attempt shall be Tmt, oe the oy Pes Se Whey the witnesses and shall not tamper ite att --_ ee gs petiioner shall scruoulously comply with the HH be viewed iS at application for So/-K. RAGA BARU ASSISTANT REGISTRAR PTRUE COPY! ae SECTION OFFICER Visakhapatnam, ddthonal District & Session fer NDF S Act Visakhapatnarn. Soe a Ci oR oh 4 Ly Oe cee m et 2 rl Sh geet Jdudge-
isakhapatnam, Visakhapatnam District. TOT Vi :
e GRE Visakhapatnam Police Station. my i 4 j Ci Yat :2
of Andhra Pradesh (OUT) HIGH COURT PRR S80 S/2024 DATED BAL. ORDER ORLP.No. TTS of 2024 ALLOWED bys broth #4 a4 thre yates Chet Yt 7.
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